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29 J. Health Care L. & Pol'y Appendix 1 (2026)

handle is hein.journals/appndx29 and id is 1 raw text is: REPURPOSING ERISA AS THE PROTECTOR OF HEALTH INSURANCE BENEFICIARIES@ BY D. BRIAN HUFFORD, ESQ.* Abstract This Article is written by an attorney who has spent his career specializing in defending the rights ofpatients and their health care clinicians to obtain proper coverage and reimbursement for health care services, including, in particular, in the mental health space involving mental illnesses and substance use disorders. Focusing on the Employee Retirement Income Security Act (ERISA), and using as a starting point the well-known case ofWit v. United Behavioral Health, which has been called the Brown v. Board of Educationfor the mental health movement by former Congressman and mental health advocate Patrick Kennedy, the article highlights how the current law leans far too heavily in favor of the insurance companies, to the detriment of those who need health care coverage. It then details some ofthe important changes that are required under ERISA ifwe are to meet the needs ofthe people, especially during the mental health crisis that exists in our country. * Mr. Hufford recently opened his own law firm, The Hufford Law Firm PLLC, where he focuses on advocacy and public policy in the health insurance space, and, among other things, works with law students offering pro bono assistance to individuals appealing health insurance denials. He is the founder and former leader of health insurance practices at two prior firms, where he represented patients and clinicians in disputes over health insurance coverage and reimbursement. Mr. Hufford and his team were behind the Wit v. United Behavioral Health litigation that is discussed in this article. He is one of the leading national experts in this field. 1